Amend the bill, as and if amended, by striking all after the
enacting words and inserting:

/ SECTION 1.
Section 16-15-395 of the 1976 Code, as last amended
by Act 208 of 2004, is further amended to read:

"Section 16-15-395.
(A) An individual commits the offense
of first degree sexual exploitation of a minor if, knowing the
character or content of the material or performance, he:
(1)
uses, employs, induces, coerces, encourages, or
facilitates a minor to engage in or assist others to engage in
sexual activity or appear in a state of sexually explicit
nudity when a reasonable person would infer the purpose is
sexual stimulation or a live performance or for the purpose
of producing material that contains a visual representation
depicting this activity or a state of sexually explicit
nudity when a reasonable person would infer the purpose is
sexual stimulation;
(2)
permits a minor under his custody or control to engage in
sexual activity or appear in a state of sexually explicit
nudity when a reasonable person would infer the purpose is
sexual stimulation for a live performance or for the purpose
of producing material that contains a visual representation
depicting this activity or a state of sexually explicit
nudity when a reasonable person would infer the purpose is
sexual stimulation;
(3)
transports or finances the transportation of a minor
through or across this State with the intent that the minor
engage in sexual activity or appear in a state of sexually
explicit nudity when a reasonable person would infer the purpose
is sexual stimulation for a live performance or for the
purpose of producing material that contains a visual
representation depicting this activity or a state of sexually
explicit nudity when a reasonable person would infer the purpose
is sexual stimulation; or
(4)
records, photographs, films, develops, duplicates,
produces, or creates a digital electronic file for sale or
pecuniary gain material that contains a visual representation
depicting a minor engaged in sexual activity or a state of
sexually explicit nudity when a reasonable person would infer
the purpose is sexual stimulation.
(B) In a prosecution
underpursuant to this section, the
trier of fact may infer that a participant in a sexual activity
or a state of sexually explicit nudity depicted in
material as a minor through its title, text, visual
representations, or otherwise, is a minor.
(C) Mistake of age is
not a defense to a prosecution underpursuant to this section.
(D) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be imprisoned for not less than three
years nor more than twenty years. No part of the minimum
sentence of imprisonment may be suspended nor is the individual
convicted eligible for parole until he has served the minimum
term of imprisonment. Sentences imposed pursuant to this
section must run consecutively with and commence at the
expiration of another sentence being served by the person
sentenced."

SECTION 2. Section
16-15-405 of the 1976 Code, as last amended by Act 208 of 2004,
is further amended to read:

"Section 16-15-405.
(A) An individual commits the offense
of second degree sexual exploitation of a minor if, knowing the
character or content of the material, he:
(1)
records, photographs, films, develops, duplicates,
produces, or creates digital electronic file material that
contains a visual representation of a minor engaged in sexual
activity or appearing in a state of sexually explicit nudity
when a reasonable person would infer the purpose is sexual
stimulation; or
(2)
distributes, transports, exhibits, receives, sells,
purchases, exchanges, or solicits material that contains a
visual representation of a minor engaged in sexual activity
or appearing in a state of sexually explicit nudity when a
reasonable person would infer the purpose is sexual
stimulation.
(B) In a prosecution
underpursuant to this section, the
trier of fact may infer that a participant in sexual activity
or a state of sexually explicit nudity depicted in
material as a minor through its title, text, visual
representations, or otherwise, is a minor.
(C) Mistake of age is
not a defense to a prosecution underpursuant to this section.
(D) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be imprisoned not less than two years
nor more than tenfifteen years. No
part of the minimum sentence may be suspended nor is the
individual convicted eligible for parole until he has served the
minimum sentence."

SECTION 3 Section
16-15-410 of the 1976 Code, as last amended by Act 226 of 2008,
is further amended to read:

"Section 16-15-410.
(A) An individual commits the offense
of third degree sexual exploitation of a minor if, knowing the
character or content of the material, he possesses material that
contains a visual representation of a minor engaging in sexual
activity or appearing in a state of sexually explicit nudity
when a reasonable person would infer the purpose is sexual
stimulation.
(B) In a prosecution
pursuant to this section, the trier of fact may infer that a
participant in sexual activity or a state of sexually
explicit nudity depicted as a minor through its title, text,
visual representation, or otherwise is a minor.
(C) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be imprisoned not more than ten
years.
(D) This section does
not apply to an employee of a law enforcement agency, including
the State Law Enforcement Division, a prosecuting agency,
including the South Carolina Attorney General's Office, or the
South Carolina Department of Corrections who, while acting
within the employee's official capacity in the course of an
investigation or criminal proceeding, is in possession of
material that contains a visual representation of a minor
engaging in sexual activity or appearing in a state of
sexually explicit nudity when a reasonable person would infer
the purpose is sexual stimulation."

SECTION 4. The repeal or
amendment by this act of any law, whether temporary or permanent
or civil or criminal, does not affect pending actions, rights,
duties, or liabilities founded thereon, or alter, discharge,
release or extinguish any penalty, forfeiture, or liability
incurred under the repealed or amended law, unless the repealed
or amended provision shall so expressly provide. After the
effective date of this act, all laws repealed or amended by this
act must be taken and treated as remaining in full force and
effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution,
or appeal existing as of the effective date of this act, and for
the enforcement of rights, duties, penalties, forfeitures, and
liabilities as they stood under the repealed or amended laws.